Definition: A tactic used by defense attorneys in drunk driving cases based on the fact that blood alcohol levels continue to rise after someone stops drinking until he reaches a peak. The argument is that chemical testing measures the blood alcohol content at the time of the test, not at the time the driver was driving.
Also Known As: Rising BAC Defense
Examples: Using the rising alcohol defense, his attorney proved that his blood alcohol content was less than .08 when he was stopped by the police.
